Patna High Court
Ranu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.S. and additional personal conditions.
Summary
The petitioner, Ranu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after a pickup van he was traveling in was found to contain 129.020 litres of foreign liquor. He contended that he was merely a passenger, that no contraband was recovered from him, and that the search and seizure procedures were not properly followed. The petitioner also highlighted his clean antecedent and that he had been in custody since 21‑04‑2026. The State opposed bail, but the court, after considering the facts and the petitioner’s lack of direct involvement, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal conditions. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail upon three consecutive absences or violation of terms.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his alleged involvement.
- Whether the alleged procedural lapses in the search and seizure of the foreign liquor affect the grant of bail.
- Whether the petitioner’s clean antecedent and the fact that he was only a passenger justify the issuance of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- search and seizure
- clean antecedent
- passenger
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37980 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- GOPALPUR District- Patna
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Ranu Kumar Son of Awdhesh Manjhi Resident of village- Mirzapur PS-
Chiksaura Dist -Nalanda P/A- Bhagwat Nagar Musahari, (in a rented house)
Ps- Agamkuan, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Gopalpur P.S. Case No. 195 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, during checking of
vehicles a pick up van was searched and from the said vehicle,
recovery of 129.020 litres of foreign liquor was made. The
petitioner was sitting in the vehicle which was being driven by
co-accused Vinay Kumar.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37980 of 2026(2) dt.17-06-2026
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petitioner is innocent and has been falsely implicated in this
case and he has no concern with the seized vehicle. The
petitioner was merely a passenger in the vehicle and nothing
incriminating has been recovered from the person or possession
of the petitioner. The mandatory provisions of search and
seizure have not been followed. The petitioner is having clean
antecedent and he is in custody since 21.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the recovery has not been shown from the petitioner
and further considering the period of custody of the petitioner
and his clean antecedent, the petitioner above named is directed
to be released on bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Court of Excise-II,
Patna/concerned Court in connection with Gopalpur P.S. Case
No. 195 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
Patna High Court CR. MISC. No.37980 of 2026(2) dt.17-06-2026
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(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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